FEATURE
UNLOCKING LOCKDOWN
Following the Prime Minister’s announcement on 10 May of a ‘conditional plan’ to re-open society, many businesses are keen to resume ‘normal’ practices as soon as possible. Even those businesses which are not yet permitted to open because of enforced closures, for example, bars and restaurants, need to understand how they can prepare for governmental measures to take the economy out of lockdown, while not necessarily knowing the timescales or details of how restrictions will be lifted, or in what order.
Nevertheless, the pandemic continues, and avoiding the risk of a ‘second spike’ in the rate of infections is central to government planning.
HEALTH AND SAFETY LAW HASN’T CHANGED The fundamental principles of health and safety law
in the UK continue to apply notwithstanding the pandemic. For example, employers remain under a duty to ensure, so far as reasonably practicable, the health and safety of employees and others (for example customers and/or visitors) who may be affected by their undertaking. This would include a duty to reduce the risk from coronavirus/COVID-19 to as low as reasonably practicable.
Adherence to the evolving guidance represents basic evidence that an employer is discharging these duties. There are, of course, reciprocal duties on the part of employees who must take reasonable care of their own health and safety and that of their co-workers, and also co-operate with employers on health and safety matters. Tackling the risk from coronavirus/ COVID-19 is, therefore, a collaborative effort on the part of employers and employees.
PREPARE YOUR PREMISES It will be important for employers to review their risk
assessments to consider any particular issues before the premises are re-opened. If there is any plant and machinery which has been idle or infrequently used
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What health and safety issues should employers be considering as we prepare to emerge from lockdown? Rob Biddlecombe and Nicola Smith from Squire Patton Boggs, explore the law in a post-lockdown Britain.
during lockdown, employers should consider having it inspected by an engineer before restoring it to full use.
In particular, for any lifting equipment or pressure systems, employers should check whether they are now overdue for thorough examination and testing. If the water system within a building has not been used for a while, a legionella test may be prudent, particularly in older buildings. The fire detection systems should also be tested to confirm they remain fully operational.
Employers may be considering a deep clean before re-opening. If so, they should ensure that cleaning staff are properly supervised to ensure that the job is carried out safely and effectively, and any requisite PPE is made available for those handling powerful detergents or bleaches.
PREPARE THE WORKFORCE By effectively communicating the steps that they are
taking to reduce the risk from COVID-19, employers may alleviate some of the anxiety on the part of employees who are concerned about returning to work. For example, policies and procedures regarding the need for regular and thorough handwashing, disinfecting of frequently-touched surfaces, and controlling access by visitors must be clearly conveyed.
Employers should plan so that, as part of any phased return to work, standard activities can be carried out safely. For example, employees with safety-critical roles (for example, supervisors or first-aiders) should be reintroduced to the workplace early enough to protect the rest of the workforce, particularly if it is intended that the return of furloughed employees will be staggered (and those with safety-critical roles and/ or first aid responsibilities have been furloughed).
Employers should seek to bring employees ‘on board’ with their approach by engaging with employee representatives (potentially including
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